Subject: FOR INFO: - Regulation of websites advertising alcohol and tobacco
From: Sophie Vandamme
Date: Wed, 17 Jun 2009 10:46:28 +0200
To: Michel Pettiaux , joossens , Luk Joossens , Borissova Ekaterina , The Cyprus Anti-Cancer Society , Stelios Sycallides , Eva Kralikova , Katerina Langrova , Jorgen Falk , "Hans H. Storm" , Satu Lipponen , Mervi Hara , Bertrand DAUTZENBERG , MARTINET Yves , Martina Pötschke-Langer , Friedrich WIEBEL , Hellenic Cancer Society , 'Panagiotis Behrakis' , "Tibor, Szilagyi dr" , Gudlaug Gudjonsdottir , Bara Sigurjonsdottir , ASH Ireland , "Luke Clancy (E-mail)" , Maurizio Laezza , Elizabeth Tamang , elizabeth.tamang@regione.veneto.it, Janis Caunitis , Iveta Pudule , Aurelijus Veryga , "flcc@pt.lu" , Jean Beissel , Fleur van Bladeren , Lies Van Gennip , Tore Sanner , Hege.Wang@shdir.no, Malgorzata Misiuna , Witold Zatonski , Theodor Haratau , "cornel@aerpur.ro" , Tibor Baska , Vesna-Kerstin Petric , Carles ARIZA , Francisco Rodriguez-Lozano , Goran Boethius lsv , Margaretha Haglund , "El Fehri, Verena" , Patti WHITE , Dan Tickle , anne-marie.schoelcher@sap.ap-hop-paris.fr, Susanna Palkonen , marijke huydts , "Tostain, Jean" , Trudy Prins , Francis Grogna , Sophie Van Damme , "t.prins@cogis.nl" , Fleur van Bladeren , Manfred Neuberger , Kurt Aigner , "admin@microsoft.com" , Misa Lovse , Emmanuelle Beguinot , ccagnat@alliancecontreletabac.fr, Alliance contre le tabac Clémence Cagnat-Lardeau , Cornel Radu-Loghin , Marius Eremia

Dear ENSP Members,

For info:

Subject: Answer to written question on regulation of websites advertising alcohol and tobacco  

 

 

 

WRITTEN QUESTION by Luca Romagnoli (NI) to the Commission 

 

Subject: Regulation of websites advertising alcohol and tobacco  

 

A few days ago in France an amendment was adopted raising the age (from 16 to 18) at which young people can buy alcohol and tobacco. The legislative device also regulates the delicate issue of the advertising of these substances on the Internet.

 

Adverts on websites that are primarily targeted at young people will be banned; tobacco and alcohol advertising will not even be allowed through spam or pop-ups. These rules will close a long-standing legislative gap in France.

 

How does the Commission intend to address the issue?

 

Does it not consider that the regulation of websites (along the lines of the French measure) with regard to alcohol and tobacco advertising might be a good idea, to prevent young Europeans from being excessively influenced by the message sent by these adverts, which fill websites for young people every day?

 

 

Answer given by Ms Vassiliou on behalf of the Commission

 

Responding to the Honourable Member, the Commission would first like to stress that various measures were already taken in order to regulate advertising for tobacco products or alcoholic beverages. They mainly concern the so called "audiovisual services".

 

A first important step was taken with Council Directive 1989/552/EEC of 3 October 1989, so-called "Television Without Frontiers Directive"[1], which introduced severe rules for television advertising for tobacco and alcohol. This Directive was lastly amended by Directive 2007/65/EC[2], which strengthened the content of these rules and extended their scope, beyond broadcasting activities, to all audiovisual media services, including on-demand services, regardless of the platform trough which they can be accessed (e.g. traditional terrestrial television, satellite television, mobile, Internet…).

 

According to the relevant provisions of this now re-named "Audiovisual Media Services Directive",  television advertising or sponsoring  cigarettes and other tobacco products, including indirect forms of advertising, as product placement, are prohibited[3]. In addition, television advertising and teleshopping for alcoholic beverages shall comply with various criteria, one of them being that "it may not be aimed specifically at minors or, in particular, depict minors consuming these beverages"[4].

 

Concerning more particularly Internet and the "websites for young people" who the Honourable Member refers to in the last part of his question, the situation is different for tobacco products and alcoholic beverages.

 

As regards tobacco, the "Tobacco Advertising Directive"[5] regulates advertising of tobacco products in information society services, in the press and other printed publications as well as in radio broadcasting. Except a few cases, such kind of advertising is prohibited[6]. The report on the implementation on this Directive highlighted that Member States have transposed this ban into their legislation, but that issues remain, due to the difficulty to control the virtual environment[7]. The recent guidelines under the WHO Framework Convention of Tobacco Control[8] contain useful recommendations on what can be done towards various entities operating in the Internet – such as content producers, publishers and navigators-, which should allow to overcome theses difficulties and to ensure an effective ban of advertising.

 

Concerning advertising for alcoholic beverages on Internet sites, there is at the moment no specific regulation. These websites are only covered by the AVMS Directive to the extent to which they are a platform for getting access to audiovisual media services.

 

As regards age limits, raised in the first paragraph of the question of the Honourable Member, the Council Recommendation on smoking prevention[9] recognises that it is essential to adopt measures aimed particularly at reducing demand for tobacco products by children and adolescents. A vast majority of Member States have a legal age limit for buying tobacco. The Recommendation asks Member States to require tobacco vendors to establish that buyers have reached the age for purchase of tobacco required in national law.

 

Source: EP register
Date published: June 8 2009

                                   


[1]     Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, OJ L 298, 17.10.1989.         

[2]     Directive 2007/65/EC of the Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, OJ L 332, 18.12.2007.

[3]     See Article 3 e) 1.d ; Article 3 f) 2. and Article 3 g) 3 of the AVSM Directive.

[4]     See Article 15 of the AVSM Directive.

[5]     Directive 2003/33/EC of the Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products, OJ L 152, 20.6.2003.

[6]     See Article 3 of Directive 2003/33/EC.

[7]     Report from the Commission to the Council, the Parliament and the Economic and Social Committee - Report on the implementation of the tobacco advertising directive (2003/33/EC) /COM/2008/0330 final, adopted on 28 May 2008.

[8]     Guidelines for implementation of Article 13 of the WHO Framework Convention on Tobacco Control  (Tobacco advertising, promotion and sponsorship), www.who.int/fctc/guidelines/article_13/en/index.html

[9]     Council Recommendation of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control. OJ L 22, 25.1.2003.


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Sophie Van Damme

Information Officer

______________________________________

European Network for Smoking Prevention aisbl

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Tel: + 32 2 230 65 15 Fax: + 32 2 230 75 07

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ENSP receives financial support from the European

Commission via projects in the framework of the

Public Health Programme.

 

Neither the European Commission, the Executive

Agency for Health and Consumers or ENSP are

responsible for any use that may be made of the

information contained in this email.


--

  

Sophie Van Damme

Information Officer

______________________________________

European Network for Smoking Prevention aisbl

144 Chaussée d'Ixelles B-1050 BRUXELLES

Tel: + 32 2 230 65 15 Fax: + 32 2 230 75 07

www.ensp.org

  

ENSP receives financial support from the European

Commission via projects in the framework of the

Public Health Programme.

 

Neither the European Commission, the Executive

Agency for Health and Consumers or ENSP are

responsible for any use that may be made of the

information contained in this email.